Study On The Third Party's Defense Based On Insurance Contract Against Subrigation Right

China 's insurance law holds that the insurance subrogation system is a legal transfer of claims.Under this system arrangement,whether a third party can defend the insurer based on the insurance contract relationship,and then prompt the court to conduct a substantive review of the insurance contract relationship,has become a disputed issue in theory and practice.This article selects 194 cases of insurance disputes and finds that if a third party raises a defense based on the insurance contract relationship,in most cases,conduct a substantive hearing on the insurance contract relationship.However,The provisions of The Supreme People's Court clearly state that no substantive review of insurance contracts should be conducted in subrogation cases.The disconnect between legislation and practice lies in the identification of the nature of the insurance subrogation system in China.In recent years,different theory of the civil law system have shown a gradual integration trend,China may absorb the "subrogation right" system in the common law system and allow both parties to make arrangements separately for insurance subrogation rights in the insurance contract to make up the shortcomings of the rigid system.